Case details

Court: pamd
Docket #: 3:07-cv-01704
Case Name: Scottsdale Insurance Company v. The City of Hazleton et al
PACER case #: 69174
Date filed: 2007-09-18
Date terminated: 2010-12-13
Assigned to: Honorable A. Richard Caputo
Case Cause: 28:1332 Diversity-Insurance Contract
Nature of Suit: 110 Insurance
Jury Demand: Defendant
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Scottsdale Insurance Company
Plaintiff
 
Cheryl L. Kovaly
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
717-233-6633
Email: ckovaly@laverylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Frank J. Lavery , Jr.
Lavery, Faherty, Young & Patterson, P.C.
P.O. Box 1245
225 Market Street
Suite 304
Harrisburg, PA 17108-1245
717-233-6633
Fax: 17172337003
Email: flavery@laverylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James D. Young
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
717-533-3280
Email: jdy@jsdc.com
ATTORNEY TO BE NOTICED
The City of Hazleton
Defendant
 
Duane W. Shewaga
Adleson, Hess & Kelly, APC
577 Salmar Avenue
2nd Floor
Campbell, CA 95008
408.341.0234
Email: dshewaga@ahk-law.com
TERMINATED: 02/18/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Randy M. Hess
Adleson, Hess & Kelly, APC
577 Salmar Avenue
Second Floor
Campbell, CA 95008
408.341.0234
Email: r_hess@ahk-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher B. Slusser
The Slusser Law Firm
1620 N. Church Street
Suite I
Hazleton, PA 18202
570-453-0463
Email: chriss@slusserlawfirm.com
ATTORNEY TO BE NOTICED
Pedro Lozano
Defendant
Casa Dominica of Hazleton, Inc.
Defendant
Hazleton Hispanic Business Association
Defendant
Pennsylvania Statewide Latino Coalition
Defendant
The City of Hazleton
Counterclaim Plaintiff
 
Christopher B. Slusser
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Randy M. Hess
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scottsdale Insurance Company
Counterclaim Defendant
 
Cheryl L. Kovaly
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Frank J. Lavery , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-09-18 1 0 COMPLAINT against The City of Hazleton, Pedro Lozano, Casa Dominica of Hazleton, Inc., Hazleton Hispanic Business Association, Pennsylvania Statewide Latino Coalition ( Filing fee $350, Receipt Number 1113240), filed by Scottsdale Insurance Company. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit(s) A-1# 3 Exhibit(s) A-2# 4 Exhibit(s) B-1# 5 Exhibit(s) B-2# 6 Exhibit(s) B-3# 7 Exhibit(s) B-4# 8 Exhibit(s) C# 9 Exhibit(s) D)(kn, ) (Entered: 09/18/2007)
2007-09-20 2 0 ORDER of RECUSAL for declaratory judgment action only as assigned to case number 3:07cv1704. Declaratory judgment action reassigned to Judge A. Richard Caputo for all further proceedings. Signed by Judge James M. Munley on 9/20/07. (sm, ) (Entered: 09/20/2007)
2007-10-12 3 0 Letter ORDER Re: Case Assignment and Procedures signed by Judge A. Richard Caputo on 10/12/07. (hm, ) (Entered: 10/15/2007)
2007-11-13 4 0 SUMMONS Returned Executed by Scottsdale Insurance Company. Pedro Lozano served on 11/8/2007, answer due 11/28/2007. (Kovaly, Cheryl) (Entered: 11/13/2007)
2007-11-13 5 0 SUMMONS Returned Executed by Scottsdale Insurance Company. Hazleton Hispanic Business Association served on 11/8/2007, answer due 11/28/2007. (Kovaly, Cheryl) (Entered: 11/13/2007)
2007-11-13 6 0 SUMMONS Returned Executed by Scottsdale Insurance Company. Pennsylvania Statewide Latino Coalition served on 11/7/2007, answer due 11/27/2007. (Kovaly, Cheryl) (Entered: 11/13/2007)
2007-11-21 7 0 SUMMONS Returned Executed by Scottsdale Insurance Company. Casa Dominica of Hazleton, Inc. served on 11/15/2007, answer due 12/5/2007. (Kovaly, Cheryl) (Entered: 11/21/2007)
2007-11-27 8 0 STATUS REPORT TO THE HONORABLE A. RICHARD CAPUTO by Scottsdale Insurance Company. (Kovaly, Cheryl) (Entered: 11/27/2007)
2007-12-20 9 0 SUMMONS Returned Executed by Scottsdale Insurance Company. The City of Hazleton served on 12/19/2007, answer due 1/8/2008. (Kovaly, Cheryl) (Entered: 12/20/2007)
2008-01-03 10 0 MOTION to Appear Pro Hac Vice - Attorney Duane Shewaga is seeking special admission. Filing fee $ 25, receipt number 03140000000001180483. by The City of Hazleton.(Slusser, Christopher) (Entered: 01/03/2008)
2008-01-03 11 0 MOTION to Appear Pro Hac Vice - Attorney Randy Hess is seeking special admission. Filing fee $ 25, receipt number 03140000000001180494. by The City of Hazleton.(Slusser, Christopher) (Entered: 01/03/2008)
2008-01-03 12 0 ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against The City of Hazleton by The City of Hazleton. (Attachments: # 1 CounterClaim)(Slusser, Christopher) (Entered: 01/03/2008)
2008-01-04 13 0 COUNTERCLAIM against Scottsdale Insurance Company, COUNTERCLAIM against Scottsdale Insurance Company, filed by The City of Hazleton.(Slusser, Christopher) (Entered: 01/04/2008)
2008-01-04 14 0 SPECIAL ADMISSIONS FORM APPROVED as to Duane W. Shewaga. Signed by Honorable A. Richard Caputo on 1/4/08. (hm, ) (Entered: 01/04/2008)
2008-01-04 15 0 SPECIAL ADMISSIONS FORM APPROVED as to Randy M. Hess. Signed by Honorable A. Richard Caputo on 1/4/08. (hm, ) (Entered: 01/04/2008)
2008-01-23 16 0 REPLY by Scottsdale Insurance Company. to 12 Answer to Complaint, Counterclaim (ANSWER WITH AFFIRMATIVE DEFENSES TO COUNTER-CLAIM OF CITY OF HAZLETON). (Kovaly, Cheryl) (Entered: 01/23/2008)
2008-01-25 17 0 ANSWER to 13 Counterclaim, (WITH AFFIRMATIVE DEFENSES) (Refiled) by Scottsdale Insurance Company.(Kovaly, Cheryl) (Entered: 01/25/2008)
2008-05-15 18 0 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure by Scottsdale Insurance Company. (Attachments: # 1 Proposed Order)(Kovaly, Cheryl) (Entered: 05/15/2008)
2008-05-15 19 0 STATEMENT OF FACTS re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure (CONCISE STATEMENT OF UNDISPUTED MATERIAL FACTS) filed by Scottsdale Insurance Company.(Kovaly, Cheryl) (Entered: 05/15/2008)
2008-05-15 20 0 APPENDIX by Scottsdale Insurance Company. to 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure (OF EXHIBITS). (Attachments: # 1 Exhibit(s) (1) Affidavit of James Lavigne, # 2 Exhibit(s) (A) Policy of Insurance to the City of Hazelton, # 3 Exhibit(s) (B) Complaint (Docket No. 3:06-CV-01586), # 4 Exhibit(s) (C) Amended Complaint (Docket No. 3:06-CV-1586), # 5 Exhibit(s) (D) Correspondence from Jim Lavigne to the City of Hazelton, # 6 Exhibit(s) (E) Second Amended Complaint (Docket No. 3:06-CV-1586))(Kovaly, Cheryl) (Entered: 05/15/2008)
2008-05-19 21 0 CERTIFICATE of Non-Concurrence (Amended) by Scottsdale Insurance Company re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure. (Kovaly, Cheryl) (Entered: 05/19/2008)
2008-05-28 22 0 MOTION to Quash Defendant City of Hazleton's Subpoenas Directed to Plaintiff and The Joyce Insurance Group by Scottsdale Insurance Company. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) (A) Subpoena to Scottsdale Insurance Company, # 3 Exhibit(s) (B) Subpoena to Joyce Insurance Group, # 4 Exhibit(s) (C) Certificate of Service)(Kovaly, Cheryl) (Entered: 05/28/2008)
2008-05-28 23 0 MOTION to Exceed Page Limitation of Local Rule 7.8 (contents and length of pre-trial briefs) by Scottsdale Insurance Company. (Attachments: # 1 Proposed Order)(Kovaly, Cheryl) (Entered: 05/28/2008)
2008-05-30 24 0 STIPULATION of Counsel by Scottsdale Insurance Company. (Kovaly, Cheryl) (Entered: 05/30/2008)
2008-05-30 25 0 NOTICE of Appearance by James D. Young on behalf of Scottsdale Insurance Company (Young, James) (Entered: 05/30/2008)
2008-05-30 27 0 Stipulation and Order issued in the absence of a case managment order. Discovery due by 8/1/2008. Plaintiff's brief in support of its 5/15/08 motion for summary judgment due 8/29/08. Defendant's brief and counterstatement of facts in opposition due 9/29/08. Plaintiff's reply brief due 10/14/08. Briefs in support and in opposition may exceed the page limit up to 25 pages in length or 7,500 words. Defendant withdraws and recinds it's subpoena serviced upon plaintiff re: 22 MOTION to Quash Defendant City of Hazleton's Subpoenas Directed to Plaintiff and The Joyce Insurance Group filed by Scottsdale Insurance Company. Signed by Honorable A. Richard Caputo on 5/30/08. (hm, ) (Entered: 05/30/2008)
2008-07-23 28 0 Joint MOTION for Extension of Time to Thirty (30) day extension for discovery and briefing by Scottsdale Insurance Company. (Attachments: # 1 Proposed Order)(Kovaly, Cheryl) (Entered: 07/23/2008)
2008-07-24 29 0 ORDER granting 28 Motion to Extend Time. All discovery shall be completed by 9/1/08. Plaintiff shall file its brief in support of motion for summary judgment and any supplemental record exhibits by 9/30/08. Defendant City of Hazleton shall file its brief in opposition by 10/30/08. Plaintiff shall file reply brief by 11/14/08. Signed by Honorable A. Richard Caputo on 7/24/08 (jam, ) (Entered: 07/24/2008)
2008-09-30 30 0 BRIEF IN SUPPORT re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure filed by Scottsdale Insurance Company.(Young, James) (Entered: 09/30/2008)
2008-10-29 31 0 BRIEF IN OPPOSITION re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure filed by The City of Hazleton. (Attachments: # 1 Appendix of Exhibits in Opposition to Plaintiff's Motion for Summary Judgment, # 2 Appendix of Out of State Cases in Opposition to Plaintiff's Motion for Summary Judgment, # 3 Proposed Order Denying Plaintiff's Motion for Summary Judgment)(Shewaga, Duane) (Entered: 10/29/2008)
2008-10-29 32 0 RESPONSE by The City of Hazleton to 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure Regarding Disputed and Undisputed Material Facts. (Shewaga, Duane) (Entered: 10/29/2008)
2008-10-29 33 0 Notice of MOTION by Defendant/Counter-Claimant The City of Hazleton for Order Sealing Documents. (Attachments: # 1 Proposed Order)(kn, ) (Entered: 10/29/2008)
2008-10-29 34 0 CERTIFICATE OF SERVICE by The City of Hazleton re 31 Brief in Opposition, 32 Response to Plaintiff's Motion for Summary Judgment (Shewaga, Duane) (Entered: 10/29/2008)
2008-10-29 35 0 DOCUMENT SEALED (kn, ) (Entered: 10/29/2008)
2008-10-29 36 0 DOCUMENT SEALED PURSUANT TO COURT ORDER. (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 37 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 38 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 39 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 40 0 DOCUMENT SEALeD PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 41 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 42 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 43 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 44 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-29 45 0 DOCUMENT SEALED PURSUANT TO COURT ORDER (kn, ) Modified on 10/30/2008 (kn, ). (Entered: 10/29/2008)
2008-10-30 46 0 ORDER granting 33 Motion to Seal; Signed by Honorable A. Richard Caputo on 10/30/08. (kn, ) (Entered: 10/30/2008)
2008-11-13 47 0 MOTION for Extension of Time to File Brief Concurred-In filed by Scottsdale Insurance Company. (Attachments: # 1 Proposed Order)(Young, James) (Entered: 11/13/2008)
2008-11-19 48 0 ORDER granting in part and denying in part 47 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED that the Motion is granted insofar as Plaintiff shall file its Reply Brief in Support of its Motion for Summary Judgment on or before November 24, 2008. Signed by Honorable A. Richard Caputo on 11/19/08 (jam, ) (Entered: 11/19/2008)
2008-11-24 49 0 REPLY BRIEF re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure In Support filed by Scottsdale Insurance Company.(Young, James) (Entered: 11/24/2008)
2009-02-02 50 0 Letter from Attorney Randy Hess to the Court requesting oral argument on pending Motion for Summary Judgment. (jam, ) (Entered: 02/02/2009)
2009-02-03 51 0 SCHEDULING ORDER: IT IS HEREBY ORDERED that oral argument on Plaintiff's Motion for Summary Judgment (Doc. 18) shall be held on MONDAY, APRIL 13, 2009 at 2:30 PM in a courtroom to be determined, William J. Nealon Federal Building & United States Courthouse, 235 North Washington Avenue, Scranton, Pennsylvania. Signed by Honorable A. Richard Caputo on 2/3/09. (jam, ) (Entered: 02/03/2009)
2009-02-05 52 0 SCHEDULING ORDER: Oral Argument on Plaintiff's Motion for Summary Judgment (Doc. 18) is rescheduled for 5/7/2009 10:00 AM in Wilkes-Barre before Honorable A. Richard Caputo.Signed by Honorable A. Richard Caputo on 2/5/09. (jam, ) (Entered: 02/05/2009)
2009-02-18 53 0 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Duane W. Shewaga terminated on behalf of The City of Hazleton (Defendant and Counter-Claimant. (Shewaga, Duane) (Entered: 02/18/2009)
2009-05-13 55 0 BRIEF IN SUPPORT Supplemental re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure filed by Scottsdale Insurance Company.(Young, James) (Entered: 05/13/2009)
2009-05-21 56 0 REPLY BRIEF re 18 MOTION for Summary Judgment Pursuant to Rule 56(c), Federal Rules of Civil Procedure Brief in Reply to Plaintiff's Supplemental Brief Filed May 13, 2009 filed by The City of Hazleton.(Hess, Randy) (Entered: 05/21/2009)
2009-05-28 57 0 MEMORANDUM & ORDER re: 18 Motion for Summary Judgment. IT IS HEREBY ORDERED that: (1) Count I of Plaintiff-Counterclaim Defendant Scottsdale Insurance Company's Complaint (Doc. 1) is DISMISSED. (2) Plaintiff-Counterclaim Defendant Scottsdale Insurance Company's Motion for Summary Judgment (Doc. 18) is GRANTED as to Counts II and III of its Complaint (Doc. 1) and the City of Hazleton's First and Second Counterclaims. (A) Scottsdale Insurance Company is not obligated to pay attorney's fees, costs, or expenses awarded against the City of Hazleton to plaintiffs in the underlying action, docketed in the U.S. District Court for the Middle District of Pennsylvania under docket number 3:06-cv-1586, resulting from any adverse judgment for declaratory or injuctive relief entered therein. (B) Scottsdale Insurance Company is not obligated to pay attorney's fees, costs, or expenses incurred by the City of Hazleton for attorneys or consultants it retained directly, without the prior approval of the insurer, in connection with the underlying action. (3) Defendant-Counterclaim Plaintiff City of Hazleton's Third Counterclaim is DISMISSED as moot. (4) The Clerk of Court is directed to enter final judgment in favor of Plaintiff-Counterclaim Defendant Scottsdale Insurance Company and against Defendant-Counterclaim Plaintiff City of Hazleton. Signed by Honorable A. Richard Caputo on 5/28/09 (jam, ) (Entered: 05/28/2009)
2009-05-28 58 0 JUDGMENT in favor of Scottsdale Insurance Company against The City of Hazleton.(jam, ) (Entered: 05/28/2009)
2009-06-11 59 0 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment by The City of Hazleton. (Attachments: # 1 City of Hazleton's Brief in Support of Motion for Reconsideration, # 2 Proposed Order, # 3 Certificate of Service)(Hess, Randy) (Entered: 06/11/2009)
2009-06-11 60 0 BRIEF IN SUPPORT re 59 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment filed by The City of Hazleton.(Hess, Randy) Modified on 6/17/2009 (ga, ). (Entered: 06/17/2009)
2009-06-26 61 0 BRIEF IN OPPOSITION re 59 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment filed by Scottsdale Insurance Company.(Young, James) (Entered: 06/26/2009)
2009-07-16 62 0 REPLY BRIEF re 59 MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment MOTION for Reconsideration re 57 Order on Motion for Summary Judgment,,,,, 58 Judgment filed by The City of Hazleton.(ga, ) (Entered: 07/17/2009)
2009-09-28 63 0 MEMORANDUM AND ORDER denying 59 Defendants' Motion for Reconsideration. Signed by Honorable A. Richard Caputo on 9/28/09 (jam, ) (Entered: 09/29/2009)
2009-10-26 64 0 NOTICE OF APPEAL in non-prisoner Case as to 57 Order on Motion for Summary Judgment,,,,, 58 Judgment, 63 Order on Motion for Reconsideration by The City of Hazleton. Filing Fee and Docket Fee paid. Filing fee $ 455, receipt number 03140000000001708148. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Hess, Randy) (Entered: 10/26/2009)
2009-11-04 65 0 TRANSCRIPT PURCHASE ORDER REQUEST by The City of Hazleton for proceedings held on 05-07-2009 before Judge Caputo, (Hess, Randy) (Entered: 11/04/2009)
2009-11-10 66 0 USCA Case Number 09-4176 for 64 Notice of Appeal, filed by The City of Hazleton. USCA Case Manager Charlene Crisden (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Crisden, Charlene) (Entered: 11/10/2009)
2009-11-12 67 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on May 7, 2009, before Judge Caputo. Court Reporter Diana Gilbride, Telephone number (570)498-7552. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2009. Redacted Transcript Deadline set for 12/14/2009. Release of Transcript Restriction set for 2/10/2010. (cr1, ) (Entered: 11/12/2009)
2010-11-05 68 0 JUDGMENT of USCA (certified copy) Affirmed order of the District Court dated September 29, 2009 as to 64 Notice of Appeal, filed by The City of Hazleton (Crisden, Charlene) (Entered: 11/05/2010)
2010-11-29 69 0 MANDATE of USCA as to 64 Notice of Appeal, filed by The City of Hazleton (Attachments: # 1 Opinion, # 2 Clerk's Letter to District Court)(King, James) (Entered: 11/29/2010)